Opinion
01-23-00591-CV
10-26-2023
In the Interest of G.C.L. and J.A.L., Children
Trial court: 308th District Court of Harris County, Texas, Trial court case number: 2019-32999.
ORDER
Julie Countiss, Judge.
This is an accelerated appeal from an order terminating the parental rights of appellant, mother. Because this appeal involves the termination of the parent-child relationship, this Court is required to bring the appeal to final disposition within 180 days of the date the notice of appeal was filed, so far as reasonably possible. See TEX. R. JUD. ADMIN. 6.2, reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app.
Mother's appellant's brief was originally due on September 18, 2023. See TEX. R. APP. P. 4.1, 38.6(a). On September 21, 2023, the Clerk of this Court notified mother that the time for filing her appellant's brief had expired and instructed mother to file her brief by September 29, 2023. The Clerk of this Court informed mother that the failure to file a brief as directed may result in the abatement of the appeal and remand to the trial court to hold a hearing to determine if mother still wished to pursue her appeal and whether substitute counsel should be appointed to represent mother on appeal. See TEX. FAM. CODE ANN. § 107.016(2) (providing appointed counsel must continue to serve until appeal is exhausted or waived, or attorney is relieved of her duties and replaced by court). Mother did not file a brief.
On October 5, 2023, the Court abated the appeal for the trial court to hold a hearing to determine, among other things, whether mother wished to prosecute her appeal and why mother's court-appointed counsel had not filed an appellant's brief on mother's behalf. After the abatement order was issued, mother filed a motion for extension of time to file her appellant's brief, requesting that the Court extend the deadline for filing her brief to October 16, 2023. Thus, the Court reinstated the case and granted mother's motion for extension, extending the deadline for mother's appellant's brief to October 16, 2023. Mother did not to file an appellant's brief.
On October 19, 2023, the Court again abated the appeal for the trial court to hold a hearing to determine, among other things, whether mother wished to prosecute her appeal and why mother's court-appointed counsel had not filed an appellant's brief on mother's behalf.
On October 20, 2023, a supplemental clerk's record was filed containing an order from the trial court appointing Fayez Hatamleh as mother's counsel on appeal. Also, on October 20, 2023, Hatamleh filed a Notice of Designation of Lead Counsel, stating that he "will now serve as lead counsel" for mother in this appeal. See TEX. R. APP. P. 6.1. On October 24, 2023, mother's previously appointed counsel, Robert Cardenas, filed a motion to withdraw, requesting to withdraw as mother's counsel because the trial court had appointed another attorney to represent mother on appeal. See TEX. R. APP. P. 6.5.
The Court REINSTATES this case on the Court's active docket. Cardenas's motion to withdraw is granted. See TEX. R. APP. P. 2.
The Clerk of this Court is directed to note the withdrawal of Robert Cardenas as counsel for mother and the substitution of Fayez Hatamleh as lead counsel for mother on the docket of this Court.
Mother's appellant's brief is due twenty days from the date of this order
If mother does not file a brief as directed, we may abate the appeal and remand the case to the trial court to determine whether mother wishes to pursue her appeal and whether substitute counsel should be appointed to represent mother on appeal.
It is so ORDERED.